AG Wilson joins push to allow Trump election executive order to take effect
Summary: South Carolina Attorney General Alan Wilson joins 11 attorneys general Supreme Court asked to stay injunction on Trump’s election order Federal courts blocked key provisions citing state and...
View ArticleIndividual issues bar statewide inmate sexual assault class actions
Summary: South Carolina Supreme Court reverses class certification Claims require individualized factual determinations Henson v. South Carolina Department of Corrections opinion issued The South...
View ArticleSettlement may have mooted insurer’s coverage dispute
Summary: 4th Circuit remands coverage dispute for jurisdictional review Virginia Beach nightclub settled underlying lawsuit for $155,000 Insurer filed declaratory judgment action under reservation of...
View ArticleSC Supreme Court: Same standard applies to direct and circumstantial evidence
Summary: South Carolina Supreme Court clarifies jury instructions on circumstantial evidence Court overrules State v. Logan to remove heightened circumstantial evidence test Affirmed denial of...
View ArticleTattoo shop, SC residents sue state over church proximity rule and face...
Summary: Tiny Zaps and McDonald plaintiffs challenge SC tattoo laws Lawsuit filed in U.S. District Court for the District of South Carolina Plaintiffs represented by Pacific Legal Foundation A New...
View ArticleSC Bar Foundation awards record $7.1 million in grants for fiscal year 2027
Summary: South Carolina Bar Foundation awards $7.1 million in grants Grants support legal services, education, and justice administration Nearly $1.2 million from Impact Fund for innovative programs...
View ArticleSC Supreme Court: Prison sex assault claims must be tried individually
Summary: South Carolina Supreme Court reverses class certification order Rule 23 requires predominance of common questions over individual ones Case remanded for individual trials of named plaintiffs...
View ArticleATI exemption cannot include double-counted improvements
Summary: South Carolina Court of Appeals decision on ATI exemption Property pre-sale fair market value used for ATI exemption Mt. Pleasant Investments LLC v. Charleston County Assessor case The South...
View ArticleNegligence claim survives FTCA’s intentional tort exception
Summary: 4th Circuit affirms negligence claim under FTCA Postmaster‘s actions created foreseeable risk of assault FTCA intentional tort exception bars direct assault claims The 4th U.S. Circuit...
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The legal confusion surrounding e-bikes
Summary: Johnson & Groninger attorney reports rise in bike crash cases U.S. Department of the Interior defines three tiers of e-bikes Steinberg Law Firm highlights insurance gaps and strict...
View ArticleJuror’s hearing impairment required individualized accommodation inquiry
Summary: South Carolina Court of Appeals reverses conviction Trial court excused juror without individualized inquiry Defendant convicted of assault and battery of high and aggravated nature The South...
View ArticleAgency must apply two-step analysis before finding particularly serious crime
Summary: 4th Circuit vacates particularly serious crime finding Petitioner from El Salvador denied asylum and withholding of removal BIA precedent requires two-step analysis for serious crime...
View ArticleFirearm suppressed after officers seized parked motorist without reasonable...
Summary: 4th Circuit ruled seizure unlawful before marijuana odor detected Officers stopped vehicle in roadway, partially blocking defendant Anonymous tip and high-crime area reputation insufficient...
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New dedicated coverage of tech challenges facing law firms and legal departments
Dear Readers: In the time that I’ve served this publication as a staff writer and editor, I’ve learned that the legal profession is often hesitant to embrace change—and perhaps that’s a good thing....
View ArticleNew law aims at squatters, eviction delays
Summary: New law signed June 30 in South Carolina House Speaker Murrell Smith supports immediate magistrate court ejection orders South Carolina Association of Realtors CEO Nick Kremydas endorses...
View ArticleAEDPA bars habeas relief on speedy trial claim
Summary: 4th Circuit reverses habeas relief for South Carolina inmate Court applies AEDPA deferential standard to speedy trial claim Ineffective assistance claim rejected under Strickland v....
View ArticleBIA used wrong standard to reverse CAT protection
Summary: 4th Circuit vacates BIA decision on CAT protection Immigration judge found credible threat of torture in Jamaica BIA improperly reweighed evidence and ignored clear-error standard The 4th...
View ArticleCircumstantial evidence insufficient to support murder conviction
Summary: South Carolina Court of Appeals reverses murder and weapon convictions State’s circumstantial evidence deemed insufficient for reasonable jury Defendant’s alibi supported by cell-site data...
View ArticleGPS search unconstitutional, but robbery conviction stands
Summary: South Carolina Court of Appeals affirms armed robbery convictions Police obtained GPS data without a warrant from private bond company Victim’s body-camera statements admitted without...
View ArticleCOA affirms summary judgment in foreclosure action
Summary: South Carolina Court of Appeals affirms summary judgment Multiple Rule 40(j) dismissals not adjudication on merits Judges Paula H. Thomas, Blake A. Hewitt, Matthew P. Turner Multiple...
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